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PRANSHI SHARMA v. SHSHANK SHARMA

Supreme Court of India | Diary 10262/2023

Status

ROP - of Main Case

Decided On

22-11-2023

Bench

HON'BLE MR. JUSTICE SURYA KANT, HON'BLE MR. JUSTICE DIPANKAR DATTA and HON'BLE MR. JUSTICE UJJAL BHUYAN

Petitioner

PRANSHI SHARMA

Respondent

SHSHANK SHARMA

Primary Holding

When a wife-petitioner in matrimonial proceedings must travel a substantial distance to attend court, and related cases are already pending at her place of residence, transfer of the case to that court is justified in the interest of convenience and justice.

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Full Judgment Text

IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION TRANSFER PETITION (CIVIL) NO. 776 OF 2023 PRANSHI SHARMA PETITIONER(S) VERSUS SHSHANK SHARMA RESPONDENT(S) O R D E R 1. The petitioner-wife seeks transfer of HMA NO.1091/2022, titled as “Shshank Sharma vs. Pranshi Sharma”, filed by the respondent-husband under Section 9 of the Hindu Marriage Act, 1955, which is pending before the Principal Judge, Family Court, North East, Karkardooma Court, Delhi. The petitioner-wife seeks transfer thereof to the Principal Judge, Family Court, Meerut, U.P. 2. The parties got married on 16.02.2020 and it appears that unfortunately there arose a matrimonial discord soon thereafter. The petitioner has already filed two cases against the respondent-husband i.e., under Section 125 of the Code of Criminal Procedure, 1973 and Section 12 of the Protection of Women from Domestic Violence Act, 2005 . She has also lodged an FIR under various provisions of the Indian Penal Code and Dowry Prohibition Act. Both these cases are pending in Meerut. Meanwhile, the respondent- husband has filed the subject petition for restitution of conjugal rights. 1

3. The matter was referred to mediation, but the same has been unsuccessful. 4. Taking into consideration the fact that the petitioner will have to travel 105 kms. to join the proceedings before the Family Court at Delhi, however, without expressing any views on merits, the transfer petition is allowed and HMA NO.1091/2022, titled as “Shshank Sharma vs. Pranshi Sharma”, pending before the Principal Judge, Family Court, North East, Karkardooma Court, Delhi is ordered to be transferred to the Principal Judge, Family Court, Meerut, U.P. The records be forwarded to the Transferee Court forthwith. 5. Taking into consideration the fact that there is still possibility of amicable settlement, the Transferee Court may explore such possibility through mediation before it proceeds on merits of the case. ...................J. (SURYA KANT) ...................J. (DIPANKAR DATTA) ...................J. (UJJAL BHUYAN) New Delhi; November 22, 2023 2

ITEM NO.5 COURT NO.5 SECTION XIV S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Transfer Petition(s)(Civil) No(s).776/2023 PRANSHI SHARMA Petitioner(s) VERSUS SHSHANK SHARMA Respondent(s) (IA No. 62317/2023 - EX-PARTE STAY, IA No.62318/2023 - EXEMPTION FROM FILING O.T.) Date : 22-11-2023 This matter was called on for hearing today. CORAM : HON'BLE MR. JUSTICE SURYA KANT HON'BLE MR. JUSTICE DIPANKAR DATTA HON'BLE MR. JUSTICE UJJAL BHUYAN For Petitioner(s) Ms. Himani Kalra, Adv. Ms. Preeti Singh, AOR Mr. Sunkaln Porwal, Adv. Ms. Kumkum Mandhanya, Adv. For Respondent(s) Mr. Lalit Kumar, AOR UPON hearing the counsel the Court made the following O R D E R 1. The transfer petition is allowed in terms of the signed order. 2. All pending applications, if any, stand disposed of. (ARJUN BISHT) (PREETHI T.C.) COURT MASTER (SH) COURT MASTER (NSH) (signed order is placed on the file) 3

ITEM NO.3 COURT NO.14 SECTION XVI-A S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Transfer Petition(s)(Civil) No(s). 776/2023 PRANSHI SHARMA Petitioner(s) VERSUS SHSHANK SHARMA Respondent(s) IA No. 62317/2023 - EX-PARTE STAY IA No. 62318/2023 - EXEMPTION FROM FILING O.T.) Date : 08-08-2023 This matter was called on for hearing today. CORAM : HON'BLE MR. JUSTICE J.B. PARDIWALA HON'BLE MR. JUSTICE S.V.N. BHATTI For Petitioner(s) Ms. Preeti Singh, AOR Mr. Sunklan Porwal, Adv. Ms. Saumya Dwivedi, Adv. Ms. Kumkum Mandhanya, Adv. Ms. Simranjeet Kaur, Adv. Mr. Rishabh Munjal, Adv. For Respondent(s) Mr. Lalit Kumar, AOR UPON hearing the counsel the Court made the following O R D E R Having heard learned counsel appearing for the parties, we are of the view that the parties should explore the possibility of an amicable settlement. In such circumstances, the parties are directed to appear before the Supreme Court Mediation Centre on 29.08.2023 at 12.00 noon. List after six weeks. [CHARANJEET KAUR] [PREETHI T.C.] ASTT. REGISTRAR-cum-PS COURT MASTER (NSH)

ITEM NO.30 REGISTRAR COURT. 1 SECTION XVI-A S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS BEFORE THE REGISTRAR SH. H. SHASHIDHARA SHETTY Transfer Petition(s)(Civil) No(s). 776/2023 PRANSHI SHARMA Petitioner(s) VERSUS SHSHANK SHARMA Respondent(s) Date : 27-07-2023 This petition was called on for hearing today. For Petitioner(s) Ms. Kumkum Mandhanya, Adv. Ms. Saumya Dwivedi, Adv. Ms. Simranjeet Kaur, Adv. Mr. Sunklan Porwal, Adv. Ms. Preeti Singh, AOR For Respondent(s) Mr. Lalit Kumar, AOR UPON hearing the counsel the Court made the following O R D E R Sole respondent has filed counter affidavit. Registry to process the matter for listing before the Hon’ble Court, as per rules. H. SHASHIDHARA SHETTY Registrar

ITEM NO.1609 COURT NO.17 SECTION XVI-A S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Transfer Petition(s)(Civil) No(s). 776/2023 PRANSHI SHARMA Petitioner(s) VERSUS SHSHANK SHARMA Respondent(s) (FOR ADMISSION and IA No.62317/2023-EX-PARTE STAY and IA No.62318/2023-EXEMPTION FROM FILING O.T. ) Date : 29-03-2023 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE RAJESH BINDAL For Petitioner(s) Ms. Preeti Singh, AOR Mr. Sunklan Porwal, Adv. Ms. Saumya Dwivedi, Adv. Ms. Rachna Nain, Adv. Ms. Kumkum Mandhanya, Adv. Mr. Rishabh Munjal, Adv. Ms. Simranjeet Kaur, Adv. Ms. Khusboo Choudhary, Adv. For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Issue notice returnable within 6 weeks. In the meantime, further proceedings in HMA No. 1091 of 2022 titled “SHSHANK SHARMA vs PRANSHI SHARMA” pending in the Court of Principal Judge, Family Court, North East, Karkardooma Court, Delhi, shall remain stayed. The parties to appear before this Court on the next date of hearing either in person or through video conferencing. (RAJAN SACHDEVA) (RENU KALIA) SENIOR PERSONAL ASSISTANT BRANCH OFFICER (NSH)

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